Court Grants 3M's Motion for Preliminary Injunction
1 March 2000
Court Grants 3M's Motion for Preliminary Injunction Against Orthodontic Products ManufacturerST. PAUL, Minn., Feb. 29 -- 3M Unitek Corp., together with its parent company Minnesota Mining and Manufacturing Co. ("3M") and its affiliated company 3M Innovative Properties Co., announced it has been granted injunctive relief in its lawsuit against California-based Ormco Corp. to halt sale of Ormco's "inspire!" ceramic orthodontic brackets until trial. 3M Unitek brought the lawsuit against Ormco in late 1999, charging infringement of two patents that protect 3M Unitek Clarity brand orthodontic brackets. Among other things, the injunction prevents Ormco from making, using, importing, selling or offering to sell any bracket that infringes 3M's U.S. Patent No. 5,439,379, including Ormco's "inspire!" ceramic brackets, and use the methods claimed in U.S. Patent No. 5,366,372 until the litigation is concluded. In his order granting the preliminary injunction against Ormco, Judge Richard A. Paez, of the U.S. District Court, Central District of California, stated that 3M is "likely to succeed on the merits." Judge Paez further writes that 3M will "suffer irreparable harm if the court does not grant the preliminary injunction." No trial date for this matter has been set. "This is important to the people of 3M Unitek," said Patrick B. Ford, general manager, 3M Unitek. "We work hard and invest many resources in research and product development to invent unique orthodontic brackets that look good and people are comfortable wearing. That's why our Unitek brand Clarity brackets are the best-selling ceramic bracket available." 3M, Unitek and Clarity are trademarks of 3M company.